California Probate Forms: Every Judicial Council Form Explained

California probate runs on standardized forms. The Judicial Council of California publishes a numbered set of probate forms, the DE series, and the same forms are used in every county superior court in the state. Knowing which form belongs to which step turns a confusing process into a checklist.

Below, we walk through every California probate form by the phase of the case: the forms that open the estate, the inventory forms, the forms used during administration, the form that closes the estate, and the small-estate alternative. We also cover where to download each one free and when the forms alone are enough.

How California Probate Forms Are Organized

California probate forms are organized by the phase of the case, and every standardized form carries a "DE" number assigned by the Judicial Council. The number is the fastest way to identify a form, because the same DE number means the same form in all 58 counties.

The forms move through five phases. Opening the estate brings the case before the court and appoints someone to run it. Inventory establishes what the estate owns and what it is worth. Administration covers the working middle of the case, paying claims and selling assets. Closing the estate discharges the person who administered it. And a separate small-estate path uses its own form to skip most of this entirely when the estate qualifies.

A few naming conventions help once you start handling the forms. A plain number like DE-111 is a main form. A number with a letter suffix, such as DE-147S, is a related companion form, often for confidential information. Attachment forms, like DE-161, are continuation pages designed to be filed together with their parent form. Recognizing these patterns makes a thick stack of probate paperwork far less intimidating, because most of it is a small set of core forms plus their attachments.

The sections that follow list every form by phase and explain what each one does.

Mandatory Forms, Optional Forms, and County Local Forms

Not every Judicial Council form carries the same weight. The forms fall into three groups, and knowing which is which is the difference between a clean filing and a rejected one.

Mandatory forms must be used exactly as published. Most of the core probate forms, including the Petition for Probate and the Inventory and Appraisal, are mandatory, and a court clerk will reject a filing that uses an outdated revision or a substitute document. Optional forms are provided for convenience and may be replaced by an equivalent pleading that an attorney drafts. County local forms are a separate layer on top of the statewide set. Each superior court can require its own local forms, covering items like assignment of a hearing date or a local probate cover sheet.

The practical takeaway is to check two sources before filing: the statewide Judicial Council forms, and the local forms page of the specific county superior court where the estate is being probated. A packet that is perfect on the statewide forms can still be rejected for a missing local form.

Forms to Open the Estate

Seven forms open a California probate case. They are filed together as an opening packet, and the goal is to get the court to appoint a personal representative who can legally act for the estate.

• DE-111, Petition for Probate. The core opening form. It asks the court to admit any will, appoint a personal representative, and start the administration. Everything else in the opening packet supports this petition.
• DE-121, Notice of Petition to Administer Estate. The notice that is mailed to heirs and published in a newspaper so everyone with a potential interest learns the case has been filed. Publication has its own timing rules, and missing them can force the hearing to be continued to a later date.
• DE-131, Proof of Subscribing Witness. Used to prove a will that was signed in front of witnesses, when the will is not self-proving. Many California wills are self-proving because they include a notarized attestation, in which case DE-131 is not needed.
• DE-135, Proof of Holographic Instrument. Used to prove a holographic will, meaning one written and signed entirely in the decedent's own handwriting. California recognizes holographic wills, so this form comes up more often here than in many other states.
• DE-140, Order for Probate. The court's order, signed by the judge after the hearing, formally opening probate and appointing the personal representative. It records the type of administration granted and whether the representative has full or limited authority to act.
• DE-147, Duties and Liabilities of Personal Representative. A form the personal representative signs acknowledging the legal duties of the role. An attachment, DE-147S, covers confidential information.
• DE-150, Letters. The Letters, either Testamentary or of Administration, are the document the personal representative shows banks and title companies to prove their authority to act. Nothing moves in the estate until Letters issue.

In practice these forms are filed together as a single packet, and the court will not act on a partial one. The personal representative or their attorney files the packet, pays the filing fee, and the clerk sets a hearing date, usually four to six weeks out. At the hearing, if no one objects and the paperwork is in order, the judge signs the Order for Probate, and the clerk then issues Letters. From that point the personal representative has the legal authority to collect assets, open an estate bank account, and deal with the decedent's banks and other institutions.

If you want to see how these forms fit into the wider sequence of a California case, our California probate timeline guide walks through the months phase by phase.

Inventory and Appraisal Forms

Two forms handle the inventory phase, where the estate's assets are listed and valued. The personal representative must file the inventory within four months after Letters issue.

• DE-160, Inventory and Appraisal. The form that lists everything the estate owns. Cash items the personal representative values directly; everything else is appraised by a court-appointed probate referee.
• DE-161, Inventory and Appraisal Attachment. The continuation page that itemizes the individual assets reported on DE-160.

The probate referee is not optional for non-cash assets. The court appoints a referee for each estate, and the referee independently appraises the real estate, business interests, and other assets that have no obvious cash value. The referee is paid one-tenth of one percent of the value of the assets appraised. Filing the completed Inventory and Appraisal also starts other deadlines in the case, so a personal representative who lets the four-month filing window slip can hold up the entire administration.

The inventory total matters beyond the paperwork, because California's statutory probate fees are calculated on the gross value the inventory establishes. Our California probate fees guide explains how that calculation works.

Forms Used During Administration

The administration phase is the working middle of a probate. Four forms come up most often as the personal representative pays claims, manages assets, and sometimes sells real estate.

• DE-165, Notice of Proposed Action. When the personal representative plans to take a significant action, such as selling property, this notice gives heirs a chance to object before it happens. If no one objects within the notice period, the representative can usually proceed without a separate court hearing, which is what makes independent administration efficient.
• DE-172, Creditor's Claim. The form a creditor uses to file a claim against the estate during the creditor claim period. The personal representative reviews each claim and either allows or rejects it, and a rejected creditor then has a limited window to sue the estate.
• DE-260, Report of Sale and Petition for Order Confirming Sale of Real Property. When estate real estate is sold in a court-supervised sale, this form reports the sale terms and asks the court to confirm it. The confirmation hearing is also where California's overbid process can play out, with other buyers allowed to raise the price in open court.
• DE-265, Order Confirming Sale of Real Property. The court's order, signed by the judge, approving the real property sale reported on DE-260. Until this order is signed the sale is not final, and escrow cannot close.

Real estate sales are one of the most common reasons a California probate runs long and costs more, because the sale and its confirmation hearing add their own timeline on top of the administration.

Forms to Close the Estate

One Judicial Council form formally closes a California probate, and it is filed only after the estate has been fully administered and the assets distributed.

• DE-295, Ex Parte Petition for Final Discharge and Order. After the personal representative has distributed the estate and met every obligation, this petition asks the court to discharge them from the role. The signed order ends their legal responsibility.

One step in the closing phase is not a fill-in form. The petition for final distribution, the request that asks the court to approve the final accounting and order the assets distributed to the heirs, is usually drafted as a pleading rather than completed on a standard DE form. That is the document the court reviews before the estate can pay out, and it is one of the steps where an attorney's drafting matters most.

Closing is also where the court reviews the numbers. Before signing off, the judge examines the final accounting, confirms that creditors and taxes were paid, and approves the statutory fees and the proposed distribution to the heirs. Only after the assets are actually distributed, and receipts from the heirs are filed, is the DE-295 discharge appropriate. An estate is not legally finished until that discharge order is signed, even if the heirs have already received their money.

The Small Estate Alternative Form

Not every California estate has to go through the full set of probate forms above. When an estate qualifies as a small estate, a single form can transfer real property without a full administration.

• DE-310, Petition to Determine Succession to Real Property. This petition transfers a qualifying decedent's real estate, including a primary residence within the statutory value limit, without opening a full probate. The transfer of personal property below the small-estate threshold is handled by a separate affidavit, which the successor prepares as a document rather than on a standardized DE form.

The small-estate paths have their own value thresholds and their own rules. Our guide to transferring property after a death in California walks through all three simplified paths and explains which estates qualify, and our California intestate succession guide covers who inherits when there is no will.

Where to Find Official California Probate Forms

Every California Judicial Council probate form is published free by the state. You should never pay a third-party website for a blank form.

The two official sources are the California Courts forms library at courts.ca.gov, where you can search every form by number, and the California Courts Self-Help Guide, which pairs the forms with plain-language instructions. County superior court websites post the same statewide forms, and many add local forms their particular court requires.

One rule matters more than any other: always use the current revision. The Judicial Council updates forms periodically, and a clerk will reject an outdated version. Downloading straight from the official source each time is the simplest way to be sure the revision is current.

Be cautious of websites that charge for California probate forms or for fill-in services. The blank forms are a free public resource, and the official versions are always the most current. Paid form sites sometimes serve outdated revisions, and a fill-in service is not a substitute for the legal judgment of deciding which forms a specific estate actually needs. The Self-Help Guide also pairs many forms with step-by-step instructions at no cost.

When the Forms Are Enough, and When You Need a Lawyer

The forms are the same whether or not you hire an attorney. What changes is the judgment behind filling them out. For a simple, uncontested estate, the forms plus the Self-Help Guide can be enough for a careful personal representative.

A few situations call for an attorney even though the forms look routine. A will contest or any dispute among heirs turns a paperwork exercise into litigation. Selling estate real estate adds the confirmation process and its own forms. Estate tax issues, business interests, and creditor disputes all carry traps that the forms themselves do not warn you about. And missing a deadline or a required notice can void the eventual distribution, which is the kind of mistake that costs far more than the legal fee would have.

One more factor is time. Even a self-represented personal representative who handles every form correctly is still bound by the court's calendar, the creditor claim period, and the inventory deadline. Doing the forms yourself saves money, not time. The estate still takes the better part of a year to close, and the heirs still wait. That waiting period, not the paperwork, is what most families find hardest.

If you are deciding whether your estate is straightforward enough to handle with the forms alone, the honest test is whether anyone disagrees about anything. Cooperative heirs and a clean asset picture point toward doing it yourself. Conflict or complexity points toward counsel. Either way, our probate advance calculator can estimate the numbers if the estate is heading into full probate.

Common Mistakes With California Probate Forms

A handful of form errors account for most rejected probate filings in California. Each one is easy to avoid once you know to look for it.

• Using an outdated revision. The Judicial Council updates forms periodically, and the revision date is printed at the bottom of each form. A clerk will reject a superseded version, so download a fresh copy from the official source every time.
• Skipping a required attachment. Several forms rely on attachment pages, such as DE-161 for the inventory. Filing the main form without its attachment leaves the filing incomplete and sends it back.
• Filing forms out of order. The opening packet has a sequence. Letters (DE-150) cannot issue before the Order for Probate (DE-140) is signed, and that order does not come until after the hearing.
• Missing a county local form. A filing that is complete on the statewide forms can still be rejected for a missing local form that the particular superior court requires.
• Treating a blank form as legal advice. A form does not tell you whether the estate even needs full probate, or which alternative path fits. The form is a tool, not a decision.

When a filing is rejected, the case does not move. In a process already measured in months, a bounced packet can cost weeks, which is the strongest argument for either close attention to detail or professional help.

Frequently Asked Questions

What is the DE-111 form in California?

DE-111 is the Petition for Probate, the form that opens a California probate case. The person seeking to administer the estate files it with the superior court to ask the court to admit any will, appoint a personal representative, and start the administration. It is almost always the first probate form filed.

Where can I download California probate forms for free?

Every California Judicial Council probate form is free at courts.ca.gov and the California Courts Self-Help Guide at selfhelp.courts.ca.gov. You never have to pay a third-party site for a blank form. County superior court websites also post the same statewide forms plus any local forms their court requires.

Do I have to use the official Judicial Council probate forms?

Yes, for the standardized steps. California requires the Judicial Council forms for most probate filings, and courts reject outdated revisions. A few documents, such as the petition for final distribution, are drafted as pleadings rather than fill-in forms, and some counties add local forms on top of the statewide set.

Which California probate forms do I need to file first?

The opening packet is filed together. The Petition for Probate (DE-111) is the core form, filed with the Notice of Petition to Administer Estate (DE-121) and, if there is a will, a proof-of-will form (DE-131 or DE-135). After the hearing the court issues the Order for Probate (DE-140) and Letters (DE-150).

Can I file California probate forms electronically?

It depends on the county. Many California superior courts, including large counties like Los Angeles and Orange, require or allow electronic filing for probate, while smaller counties may still take paper. Check the e-filing rules of the specific county superior court where the estate is being probated.